Civil Engineering Reference
In-Depth Information
The Project Manager is to state changes to the Key Dates to be included in the quo-
tation. Such a quotation is to include changes to Prices and a revised programme
showingtheearlierCompletionDateandthechangedKeyDates.heContractoris
to submit details of his assessment with each quotation. The Contractor is to submit
a quotation or give reasons for not doing so within the period for reply (clause 36.2).
Where the Project Manager accepts a quotation for an acceleration, clause 36.3 applies
if any of Options A, B, C and D (priced and target contracts) are used and clause 36.4
if Options E and F (the cost reimbursable and management contracts) are used. The
Project Manager changes the Prices, the Completion Date and the Key Dates accord-
ingly and accepts the revised programme. In the case of clause 36.4, the forecast of the
total Defined Cost of the whole of the works is changed rather than the Prices.
6.11.8 Sectional completion
Secondary Option clause X5 contains provisions in relation to Sectional completion.
It states thatin theconditionsofcontract,unless stated as the whole ofthe works,each
reference and clause relevant to (a) the works; (b) Completion; and (c) Completion
Date,appliesasthecasemaybe,toeitherthewholeoftheworksoranysectionof
the works. This clause allows the Employer to specify sectional completion dates for
identified sections of the works.
6.11.9 Bonus for early completion
Secondary Option clause X6 provides that the Contractor is to be paid a bonus
calculated at the rate stated in the Contract Data for each day from the earlier of
(a)Completionand(b)thedateonwhichtheEmployertakesovertheworksuntil
the Completion Date. This provision, if used, can operate as an incentive to the
Contractor to finish before the Completion Date.
6.11.10 Delay damages
Secondary Option clause X7 contains provisions in relation to delay damages. The
Contractor is to pay delay damages at the rate stated in the Contract Data from
the Completion Date for each day until the earlier of (a) Completion and (b) the
date on which the Employer takes over the works (or for each section if Option X7
is used with Option X5, Sectional completion). The damages should be a genuine
pre-estimate of loss and not a penalty. There is no provision for a certificate or notice
of non-completion, nor is there any provision for notice of deduction or allowance of
delay damages by the Employer. If the Completion Date is changed to a later date later
delay damages have been paid, the Employer is to repay the overpayment of damages
with interest. If the Employer takes over a part of the works before Completion, the
delaydamagesarereducedfromthedateonwhichthepartistakenover.Unlike
other forms of contract where the damages are reduced in proportion to the value
